§ 66.5, is unconstitutional because it is arbitrary, capricious, and The Johnsons assert in their appeal that the Racing Commission's zero-toleranceĭrug substance rule, 78 C.S.R. The Board of Stewards' disqualification of Eastern Delite and ordered the redistribution of the The Johnsons now appeal the circuit court's March 11, 2009, order that affirmed Testing] process and eliminate litigation in every case resulting in a positive test, largelyīecause determining whether such positive tests had an actual impact upon a horse in a race The circuitĬourt found that the zero-tolerance rule was designed to take uncertainty out of the [post-race The circuit court determined that the Racing Commission's rule was constitutional. Noting that he essence of horse racing is the immediate finality of declaring the winner, The circuitĬourt, however, affirmed the Racing Commission's ruling in an order dated March 11, 2009. Of Jefferson County, and asserted that the zero-tolerance rule was unconstitutional. The Johnsons then appealed the Racing Commission's ruling to the Circuit Court Racing Commission, which affirmed the ruling. The Johnsons appealed the ruling of the Board of Stewards to the West Virginia The Board of Stewards disqualified Eastern Delite, and ordered that the prize purse for the race Natural horse except as provided, by this rule. Substance, its metabolites, or analog, which are foreign to the No horse participating in a race shall carry in its body any drug § 66.5, was promulgated by the West Virginia Racing Commission and Tolerance rule prohibiting a horse from running in any race with any drug in its system. Nevertheless, the Board of Stewards ruled that the appellants had violated a zero Ingesting a spilled drink containing caffeine). Race performance, and likely came from environmental contamination (such as from the horse Quantity equivalent to ingesting a teaspoon of coffee - had no impact upon Eastern Delite's Pharmacologist testified that the small amount of caffeine in Eastern Delite - alleged to be the Where they were permitted to offer expert testimony by a veterinary pharmacologist. The Johnsons appealed this finding to the Board of Stewards (See footnote 1) at the Charles Town Race Track, and a $225,000 prize - was the horse ∾astern Delite owned by the appellants, Fred andįollowing the race, tests on Eastern Delite were positive for the drug caffeine. Virginia hosted the 2007 West Virginia Breeders Classic. On October 20, 2007, the Charles Town Racetrack in Charles Town, West Set forth below, we affirm the circuit court's ruling. Litigation regarding whether that substance had any effect on the horse's race performance. When they have any drug-like substance in them, and (2) the goal of preventing post-race Is constitutional and rationally related to (1) the goal of preventing horses from being raced The circuit court rejected the appellants' assertion and found the rule to beĪfter careful consideration of the rule and our precedents, we find that the rule This zero tolerance rule is arbitrary, capricious, and not rationally related to the regulation Racing of a horse that is carrying in its body any drug substance. The appellants assert that In this appeal from the Circuit Court of Jefferson County, we are asked toĬonsider the constitutionality of a West Virginia Racing Commission rule that prohibits the Must appear beyond reasonable doubt. Syllabus Point 1, State ex rel. InĬonsidering the constitutionality of an act of the legislature, the negation of legislative power General powers of the legislature, within constitutional limits, are almost plenary. Courts are not concerned with questions relating to legislative policy. Reasonable doubt must be resolved in favor of the constitutionality of the legislative enactment Every reasonableĬonstruction must be resorted to by the courts in order to sustain constitutionality, and any Government among the judicial, legislative and executive branches. In considering the constitutionality of a legislative enactment, courts mustĮxercise due restraint, in recognition of the principle of the separation of powers in
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